Amendments to Federal Rules of Appellate and Bankruptcy Procedure

Congress has taken no action on the proposed amendments to the Federal Rules of Appellate and Bankruptcy Procedure adopted by the Supreme Court and transmitted to Congress on April 14, 2021. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following took effect on December 1, 2021:

Federal Rules of Appellate Procedure

• Rule 3 Appeal as of Right—How Taken
• Rule 6 Appeal in a Bankruptcy Case
• Form 1A - Notice of Appeal to a Court of Appeals From a Judgment of a District Court
• Form 1B - Notice of Appeal to a Court of Appeals From an Appealable Order of a District Court
• Form 2 - Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court

Federal Rules of Bankruptcy Procedure

• Rule 2005 Apprehension and Removal of Debtor to Compel Attendance for Examination
• Rule 3007 Objections to Claims
• Rule 7007.1 Corporate Ownership Statement
• Rule 9036 Notice and Service by Electronic Transmission

Under 28 U.S.C. §§ 2074(a) and 2075, and the Supreme Court orders dated April 14, 2021, the amendments govern all proceedings commenced on or after December 1, 2021, and all proceedings then pending “insofar as just and practicable.” The text of the amended rules, and the accompanying committee notes—along with extensive supporting documentation related to their adoption—are posted on the “Current Rules” page of the Judiciary’s website at: https://www.uscourts.gov/rules- policies/current-rules-practice-procedure.

In addition, one amended official bankruptcy form became effective on December 1, 2021. As approved by the Judicial Conference, amendments to official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The form is posted on the website at: https://www.uscourts.gov/forms/bankruptcy-forms.

Official Bankruptcy Form

• Official Form 122B (Chapter 11 Statement of Your Current Monthly Income)